Defense withdraws motions in homicide case

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Ted Sullivan
Friday, November 27, 2009
— The man accused of fatally shooting his ex-girlfriend in the city’s Fourth Ward neighborhood has withdrawn two motions in his case.

Attorneys for Kyle E. Hicke, 37, of 108 Forest Lake Drive, Milton, withdrew their motion to suppress Hicke’s statements to police and their motion for a change of venue, according to court documents.

Hicke’s attorneys, Kelly Mattingly and Laura Breun, had filed a motion to suppress Hicke’s statements as evidence at trial, claiming they were involuntary.

They also had filed a motion for a change of venue, claiming Hicke couldn’t get a fair trial in Rock County because of pretrial publicity.

Hicke is charged in Rock County Court with first-degree intentional homicide, first-degree reckless endangerment, possession of a firearm by a felon and attempting to flee or elude an officer.

He was arrested after the April 22 murder of Erica M. Ostenson, 25, of 412 1/2 S. Academy St., Janesville.

According to the motion to suppress:

A detective told Hicke after his arrest that Ostenson was in “stable” condition, even though the detective knew she was dead. Hicke then gave the detective a statement.

Hicke admitted during the police interview that he had smoked a half-ounce of marijuana that morning. He also was in visible pain from injuries sustained in a car accident with police.

His mental and physical state during his interrogation allowed police to overcome his ability to resist questioning.

According to the motion for a change of venue:

The Gazette published 11 articles, blogs or editorials in the newspaper and on www.gazettextra.com within 48 hours of Hicke’s arrest. Other radio, television and newspaper outlets also carried stories.

The media exposure made it impossible for Hicke to have a fair trial in Rock County with an impartial jury.

Mattingly and Breun withdrew their motions in a letter to Judge James Daley. The letter gives no indication as to why they were withdrawn.

The attorneys could not be reached for comment on Wednesday.

Hicke remains in the Rock County Jail on $1 million cash bond.

If convicted, he faces up to life in prison.

Hicke is scheduled to stand trial Jan. 11.

Last updated: 11:52 am Thursday, December 13, 2012

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